HELSINKI MONITOR OF SLOVENIA

Human Rights problems in Slovenia

STATEMENT NO. 4

Monitoring development of state of law in Slovenia, Helsinki Monitor of Slovenia has been engaged especially in protection of human rights of those, whose human rights have been violated by war and disintegration of former Yugoslavia.

Helsinki Monitor has been opposing attempts of forced evictions of families of former officers and employees of the Yugoslav Peoples Army (JLA), executed by the judicial branch of authority on the demand of the executive branch of authority , the Ministry of Defense of the Republic of Slovenia.

The authorities in Slovenia intend to free 1200 flats from its inhabitants by such procedures. It is not publicly known, how many families have already been forcibly evicted by the Slovenian authorities from flats of federal army fund of former Yugoslavia by the help of illegitimate court decisions, how many have been evicted by threats, by annonymous telephone calls and other psychological presures, practiced in the past by secret police.

All these events remind of similar procedures of confiscations of flats and persecution of national minorities in other states successors of former Yugoslavia, especially in Croatia and Bosnia Herzegovina.

Helsinki Monitor of Slovenia is in permanent contact with other NGOs on the territory of former Yugoslavia, especially with the network of national Helsinki committees, and asked for assistence from their rich experience.

In the context of such activity Helsinki Monitor has tried several times since 1994 to prevent forced evictions of citizens. This time we would like to draw attention to illegal forced eviction of the family Koren in Ljubljana on Jan.8,1999. Mr. Milan Koren, an ethnic Slovene, father of two daughters, married to a Bosnian, was an aircraft technician in the Yugoslav army. He retired early in 1990 because of 85% disability caused by a car accident. In 1992 he was in hospital on one of his 15 operations and his family visited him. In the mean time an armed sodier of Bosnian army broke into their flat and took the flat by force with everything in it. The flat was given to Koren from the federal fund of flats into which he and his wife were paying instalments of 6-7% of their monthly income, in total 35.000 DEM. As early as 1990 Milan Koren applied to be transferred from Tuzla to Ljubljana. After seisure of his flat in Bosnia, Milan Koren returned to Slovenia and applied to Ministry of Defense for a flat in Ljubljana from the same federal fund. He has never received an answer from the ministry, so his family moved to his brother’s house from where the brother threw them out. Then Milan Koren moved to one of 1000 military flats which are kept empty for 8 years by the Ministry of Defense. 

Helsinki monitor does not want to excuse arbitrary settlement of Koren in an empty flat of former Yugoslav Army, but we demand from authorities legal functioning as a prerequisite for legal behaviour of citizens. We do support the family Koren and Milan Koren, who is now a displaced person from his own birth country Slovenia, discriminated on the basis of his profession as a former officer of JLA. We support their tenants right to an adequate flat from the former military fund in Slovenia, to which they payed 35.000 DEM. The Ministry of Defense does not want to accept their succession obligations towards the citizen Koren. Contributions of citizens in the army fund of lats oblige the ministry to respect tenants rights which they are now trying first to confiscate and then to arbitrarily privatize. Their reasoning is, quoting Ministry of Defense: «Koren did not change over from JLA to territorial defense (within the deadline of tree days in 10 days of armed conflict in Slovenia - author note) in June 1991.« How could Koren change over from operation room with 15 operations on his leg, to territorial defense, has not been explained by the Ministry of Defense.

A question arises, firstly, how is it possible that the state organs of the Republic of Slovenia removed all journalists by police, while it is their legal right to inform citizens about everything happening in Slovenia?

Secondly, do the authorities in Slovenia respect international conventions and charters, which they ratified themselves and which allow non-governmental organisations fort human rights to monitor all levels of authority, especially the judicial and the police.

Thirdly, how is it possible that the judicial organs obstruct monitoring of their work by Helsinki Monitor of Slovenia as an international non-governmental organisation, and give orders to the police to remove their representatives from their own press conference organised for protection of human rights of individual?

Fourthly, are the authorities of the Republic of Slovenia aware of the fact, that with such action, three weeks before signing act of associate membership in the EU, they have illegally evicted not only the Koren family, but also civil society, the representatives of which are the media and the NGO Helsinki Monitor of Slovenia? All this was happening before the eyes of the public, as it was broadcast by POP TV and described in daily newspapers.

Fifthly, how is it possible, that the undersigned proxy given power of attorney of Milan Koren has been thrown out of the flat by the police who took such orders from the court executor? In the mean time Koren was lying unconscious on the floor, and was later illegally handcuffed upon order of court executor. How is it possible that the court executor orders denouncement to court of minor offence of illegally removed Koren’s proxy?

Sixthly, How is it possible that forced eviction is executed in a state of law - despite the fact that the dealdline period for appeal is open, while the court decree with open appeal period has not yet reached the attorney?

Seventhly, in which state of law is it possible that the court executor writes a note about the entire procedure on two pieces of paper without a memorandum, stamp and signature, while this should be an official document of a state (enclosure A, note of court executor). How is it possible that the court executor does not write minutes of personal possesions, inventory of the Koren family, transported from the flat, and that he forgets two boxes of personal possessions and a refrigirator of the Koren familyin the corridor, while he decides that other personal possessions and furniture are to be taken to a military and not court wearhouse, where it is raining from a broken roof?

Finally we ask, how is it possible that the Ministry of Defense of the Republic of Slovenia in opposition to the constitution, deals with internal, civil affairs, with organizing and executing forced evictions, instead of dealing with matters of defense of a state - all this with serious intents of joining NATO?

It is within the authority of the court to organize transport and manpower for forced evictions, and not that this job is done by the Ministry of Defense - speaking on the principle level, only about the executive procedure - it lies within the authority of the court. It should have been performed by the court without the presence of of the opposide side. Forced evictions of citizens for the illegal benefits of the Ministry of Defense, have been performed in the presence of representatives of the Ministry of Defense, who arrived to the spot in black official vehicles.

Helsinki Monitor of Slovenia will prepare a report on forced evictions in Slovenia as a new attempt of nationalisation of flats of citizens in a presumably democratic state - all this is happening during the process of denationalisation of war confiscations from 1945.

We hope that the Slovene public will exhibit more sensibility and support for protection of rights of the individual, as this is the only way by which Slovenia may join the international community. In this proces some important media stood against state evictions and interceded on behalf of rights of individuals, while the media under state control, like the national TV and the second Janus’ face of the state daily Delo, the Slovenske novice, instigate the public to approve public lynch and further forced evictions of several hundreds of families on the basis of discrimination according to ethnic origin and professional membership in former Yugoslav Army.

PRESIDENT

Neva Miklavcic Predan

Enclosed:
Report of court executor

Bill for forced eviction addressed to the Ministry of Defense who placed an order - as a proof of involvement of the ministry in the job of the executive court

For publishing:
- domestic and foreign media